How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17300
Experience:  Licensed Atty, 28 yrs exp in the practice of law.
19127644
Type Your Legal Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

Does employer in pa have right to randomly search privately

Resolved Question:

Does employer in pa have right to randomly search privately owned tool boxes on company property on company time ?l
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the question. Can you please tell me if the tools are used for work? Can you give me some context to the situation and is there a bargaining agreement in place?
Customer: replied 1 year ago.

Yes tools used 4 work yes bargaining agreement nothing specific in contract

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply, although I still don't have the context and background that I asked for. However, I can tell you what the law says about this and you can then apply it to the context or background of the situation.

In general, there is no expectation of privacy in the workplace unless the employer, or a bargaining agreement, says there is. That said, certain items and locations may be protected by privacy rights. For example, restrooms and items that are clearly of a personal nature like a wallet,backpack or a purse. However, even with the personal items, if the employer gives prior notice that they are subject to search or inspection, then usually the courts will allow this intrusion into privacy based on a legitimate business reason. For example, to look for weapons or company property or company secrets.

So, in terms of the tool box, if it is being used for work, then the courts would generally not say that it is personal in nature when it is in the workplace and therefore the employer can search it. It is best though if employers make it clear in writing that there is no expectation of privacy in the workplace and what is or isn't subject to a search so that there are no conflicts over the issue. It isn't required that this be in writing, but it is the best policy.

The employee though is free to raise the issue of violation of his or her privacy rights either through the union, if there is anything that arguably applies in the BA,or by hiring an attorney to file suit. Then the court has to decide the issue based on all of the facts of the case including why the search was done, why the toolbox is in the workplace and how it is used, any notices employees have received about searches and what was found and what action was taken as a result of that, etc.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17300
Experience: Licensed Atty, 28 yrs exp in the practice of law.
Marsha411JD and 22 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.